Self-Defense Laws 101: How to Legally Protect Yourself in Arkansas

Meaghan Kleine Blog

According to the U.S. News, Arkansas was ranked the fourth most dangerous state in America in 2023. With 645 violent crimes out of 100,000 crimes reported, Arkansas barely misses the mark for top competitor (New Mexico with 780 violent crimes per 100,000).

While the statistics are jarring, these numbers don’t suggest you’ll be accosted by a criminal next time you’re running errands. However, every citizen should be aware of the self-defense laws in their state. You never want to be faced with a situation where you need to defend yourself without knowing your legal rights.

Whether you’re an Arkansas visitor, newcomer, or long-term resident, here’s what you should know about the “Stand Your Ground” laws.

 

The Legal Definition of “Stand Your Ground” Laws

In 2021, Arkansas enacted a bill that changed the state’s self-defense laws and introduced “Stand Your Ground.” This idea of thinking has been implemented in bills across the U.S. states and allows victims to use lethal force in situations where their life is in danger.

In the past, an individual needed to retreat and continue to be threatened before using physical force. Typically, an immediate response of physical force against another was reserved for home break-ins.

 

 

Here’s the specifics of the recent Arkansas “Stand Your Ground” laws (AR Code § 5-2-607):

  1. An individual can use lethal force against someone else when:
  • The person is committing a violent felony (or about to)
  • The person used deadly force without reason
  • The person committed an act of domestic violence

 

  1. An individual does not need to escape the situation before using lethal force when:
  • They are legally allowed to be present in the area where the altercation occurred
  • They truly believed the other person would cause deadly harm
  • They did not start the altercation
  • They legally possess their firearm
  • The situation does not involve criminal activities or organizations

 

Do you see a pattern within these legal guidelines? They are ambiguous — meaning the details are highly dependent upon evidence and eyewitness testimonies. 

If you ever find yourself in a “Stand Your Ground” situation, you’ll need to employ an experienced criminal attorney. Every single detail in self-defense cases will be scrutinized by law officials, so it’s important to find a reliable attorney quickly.

 

Case Example: Riley vs State (2021)

Self-defense cases are often complicated and convoluted — especially when lethal force is used. The deceased cannot give their version of events, leaving law officials with a missing piece of the puzzle.

The case of Emmett Riley is a recent example of a complex self-defense trial in Little Rock, Arkansas. After a heated altercation where knives were drawn and Riley’s ankle was broken, Riley shot and killed Josh Martin.

Eyewitnesses who were present on the scene report breaking up the fight. After Martin was pulled away from Riley, a witness indicated that Riley said “I got something for you,” withdrew his pistol, and shot Martin from nine feet away. Blood evidence confirms the distance. While the defense fought for self-defense, the court charged Riley with first-degree murder and sentenced him to life in prison.

This case illustrates why it’s important to know the “Stand Your Ground” guidelines and how to act in accordance with the law. While Riley felt threatened by Martin, using deadly force was not justified in the eyes of the law.

 

 

 

Contact Hickey & Hull for a Consultation

There’s no time to waste when you need a criminal attorney — the quicker you secure legal counsel, the longer you have to work on your case.

The team of professionals at Hickey & Hull are ready to listen to your story, prepare your case, and defend your rights in the court of law. Schedule your initial consultation today and find peace of mind knowing Hickey & Hull is here to help.